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1996-254
ORDINANCE NO ~ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION AGREEMENT AND SUBSEQUENT AMENDMENTS WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING PUBLIC TRANSPORTATION, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the United States Secretary of Transportation is authorized to award grants for a mass transportation program of pro]ects and budget, and WHEREAS, the State of Texas zs authorzzed under TEX REV CIV STAT art 6663b, to assist the Czty ~n procurzng federal azd for the purpose of establlshzng and maintaining public and mass transportatzon projects, and WHEREAS, the Czty of Denton desires to obtain public transpor- tation funds from the State for the purpose of establlshlng and maznta~n~ng public and mass transportation systems, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Czty Manager ~s authorized to execute a Public Transportation Contract, substantzally in the form of the attached agreement which zs made a part of thzs ordznance for all purposes, and subsequent amendments, on behalf of the C~ty of Denton, Texas, with the Texas Department of Transportation to aid in the flnanczng of public transportation, and any other documents necessary to lmplement the Contract ~ That the C~ty Manager is hereby authorzzed to make expenditures as may be required for the local share of any public transportation costs which may be required under the Contract ~ That th~s ordznance shall become effective zmmed- lately upon ~ts passage and approval PASSED AND APPROVED th~s the ~ day of ~, 1996 JA~MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY DESIGNATED RRClPIENTs City ~' I~m URBANIZED PUBLIC TRANSPORTATION (~,CT1ON ~07) CONTRACT CONTRACTOR NAI%~4 City CONTRACT NO SlgXXF6010 STATE PROJECT NO URB9701(l~)2 1 2 3 4 FEDERAL/STATE URBANIZED PUBLIC TRANSPORTATION GRANT PROGRAM 5 CONTRACT 6 7 8 THE STATE OF TEXAS§ 9 10 THE COUNTY OF TRAVIS§ 11 12 13 THIS CONTRACT Is made by and between tho state of Texas, ectmg through the Texas Dopamnent of Transportation, 14 hereinafter called the "State", and the City of Denton, hereinafter called the "Contractor" 15 16 17 WITNESSETH 18 1 9 WHEREAS, th~ Federal Tramlt .~lmm,.tra~on ("FFA")49 U S C, Section 5307, Urbamzed Pubhc Transport~lon (]rant 20 Program, provgles that urbnmT~gl areas may receive federal funds to anhance the eccess of perseus m those aress for 2 1 purposes such as health care, shopping, education, recreation, public services, and employment by encouraging the 2 2 maintenance, development, Improvement, and uso of passenger transportation systems, and 23 2 4 WHEREAS, the Oovernor of tho Slate of Texas has designated the State to adrmmster the Urban]zed Pubhc 2 5 Transport~lon Orant Program, and, 26 2 7 %VHEREAS, ~o Slmla is authorxzed under Trauspo~tlon Code, Chapter 455 to assist the Contractor m procuring aid for 2 8 the purpose of eslabhshmg and manl~mng plthllc a~d mass transportation projects, and to admuuster funds appropnated 2 9 for Public Transportation under Transportation Cede, Chapter 456, and, 30 31 WHEREAS, th~ Contractor has boon approved to receive funds from tlus program through the State, and, 32 33 WHEREAS, the slate public transpo~atlon memos may be used m conjunction with Federal funds authorized under 34 Section $307, 35 36 NOW, ~ORE, m com~mmoa of tho prermses and of the mutual covenants hereinafter set forth, the parties hereto 37 agree as follows 38 39 4O AGREEMENT 41 42 4 3 ARTICLE 1 CONTRACT PERIOD 44 45 Tlus Contract becomes effuet~ve on September 1, 1996, and shall terminate on August 31, 1997, unless otherwise 46 terminated or modified as hereinafter provided Temunahon of the Contract shall not release the Contmetor from the 47 requirements outlined m Articles 10 and 14 48 ARTICLE 2 PROJECT DESCRIPTION 2 3 The Contractor shall undertake the pubhc transportaUon project as described tn tts apphcatlon, whmh is tncluded as 4 Attachment A, and in accordance wtth the terms and conditions of this Contract Further, the Contractor shall comply 5 wtth the prowsions of the Umform Grant and Contract Management Standards prepared m response to the Uarform Grant and Contract Management Act of 1981 7 8 The Contractor shall commence, carry on and complete the project w~th all pracucable dispatch, tn a sound, economical 9 and effiment manner tn accordance w~th the provistons of Attachment A 3.0 12 ARTICLE 3 SCHOLARSHIP TRANSIT ASSISTANCE PROGRAM 13 3- 4 The purpose of this program is to provtde financtal asststance for tratnlng, technical assistance, research and support 3- 5 servtces related to public transportatton in urbanized areas Scholarship funds may be used to support urbanized transtt 16 acttvttles m four categories tratmng, technical asststance, research and related support services There ts no Federal '[7 requirement for a local match for the Scholarship funds Special requirements for scholarship funds are ~ncluded tn '1 8 Attachment D 2 0 ARTICLE 4. COMPENSATION 23- 22 A The maximum amount payable under this Con~act vothout modfficauon ts $241,000 The State will reimburse 23 the Contractor for the authorized costs incurred m carrymg out this project whtch are further described m the 24 budget contained tn Attachment A The State's payment to the Contractor is contingent upon the avaflabthty 2 5 of Federal and/or State appropriated funds The State shall have no liability for any claim subnutted by the 2 6 Contractor or its subcontractors, vendors, manufactomm or suppliers ff sufficient Federal or State funds are not 27 avmlable to pay the Contractor's claims 28 29 B To be eligible for retmbursement under this Contract, a cost must be tncurred within the Contract period 30 specified In Article 1 above and be included in the project budget cont/uned in Attachment A 31 32 C Payment of costs mcurred under this Contract is further governed by cost prmmples outhned in applicable 33 Federal Office of Management and Budget (OMB) pubhcatlons as follows 34 3 5 Cost Pnnctples for Educattonal InsUtutaons OMB Ctrcular A-21 36 Cost Pnnclples for State and Local Governments OMB Ctrcular A-87 37 Cost Pnnmples for Nonprofit Organtzations OMB Ctrcular A~122 38 39 40 D Costs clmmed by the Contractor shall be actual net costs, that ts, the price prod nunus any refunds, rebates or 41 other ttems of value received by the Contractor that have the effect of reducing the cost actually incurred 42 43 E All major ~tems of eqmpment, as described tn the capttal budget tn Attachment A, shall be included tn this 44 Contract as dn'ect costs The Contractor hereby certffies that items of eqmpment included mdtrect costs have 45 been excluded from the mdu:ect costs 46 47 F Travel costs for lodging, meals, and incidental expenses mcurred by Contractor personnel shall be constdered 48 to be reasonable and allowable to the extent they do not exceed on a daffy basis the per diem set forth tn the 49 Federal Travel Regulauons or the pubhshed travel pohcy of the Contractor 50 5 ~. G Requests for payment are to be subrmtted to the State on a monthly basis, except as noted below, on mvotce 52 statemants acceptable to the State Requests for paymant must be furmshed to the State withm forty-five (45) 53 days of the end of the month dunng whwh the costs were lncmred Addluonal documentaUon to support all 54 costs incurred dunng the bflhng period may be reqmred at the discretion of the State As a mimmum, each Revised 7/96 Page 2 3- ARTICLE 4. COMPENSATION (Continued) 3 must bo accompemed by a o~mmary by budget hne ttem which mthcates the total amount authorized for each 4 line ttom. previous expenditures, current period expendtmres and the balance remaining m the lme ttem The 5 Contractor must also document tho purchase of goods and servtces from cerhfiod dtsadvantagod and women- 6 owned busmess enterprises m the format prescribed by the State The original mvowe wtth reqmrnd 7 documentatton ts to bo subnnttod to the followm$ address 8 9 Mr Jay R Nelson, PE 3. 0 D~stnct l~ngmear l'l Tex~ D~pa~ment of TranspoC. atwn 12 PO Box 3067 ~ 3 Dalles, Toxa~ 75221-3067 ~.4 15 H Tho Stat~ will make payme~ vothm thu'ty (30) days of the racetpt of properly prepared and documented requests 3- 6 for payment 3- 8 I Tho Contractor wdl subrmt a final billing within forty-five (45) days of the Contract termmetlon date specified 19 m Arttcle 1 above 20 2 1 J Tho Contractor shall make payments promptly to all subcontractors and suppliers Fadura to do So WlU bo 2 2 grounds for terminate, on of this Contract by the State The State shall not bo responsible for tho debts of the 2 3 Contractor 24 2 5 K The federal source of fu~u~ (Catalogue of Federal DomesUc Asststance Number 'CFDA') for llus agreement 2 6 ts 20 509 The entity contracting with the Texas Department of Trausportatton ts a subrectplent w~th respect 2 7 to this agreement and therefore should repo~ federal revenues and expaudttoras mtts financial statements 28 2 9 ARTICLE 5. CONTRACT AMENDMENTS 30 :31 Changes m tho scope, objec/aves, cost or duratton of tho project authorized herem shall bo enacted by written amendment 32 approved before ad&ttonal work may bo performed or addtttonal costs mcurred Any amendment so approved must bo 33 executed by both parties wtthin tho contract period spectfied m Artwle 1 34 35 ARTICLE 6 SUBCONTRACTS 36 37 Subcontmots m excess of $25,000 shall contain all required provtswns of this Contract No subcontract wdl rehevo the 38 Contractor of its respuusthlhty under llus Contract 39 40 ARTICLE ? RECORDS AND AUDITS 41 42 A The Contractor agrees to maintain fiusnctal records, supporting documents, stattsttcal records and all other 4 3 records pertinent to th~ Contract 44 45 B The Umted States Secretary of Trampo~/atlon, the Comptroller General of tho Umtod States, the State's 4 6 ~xacuttve Detector, the Texas State Auditor, or any of thotr duly authorized representatives, sha~ have access 4 7 to the records described m paragraph A above at all reasonable tunes during the contract period and for the 4 8 period set forth m paragraph C below for the purpose of mskm$ andtts, exammattous, excerpts and transcripts 49 5 0 C Financial feces, is, supportm~ documents, stat~stwal records and all other records pertinent to tho Contract shall 53. be retained for a period of four years from final payment, wtth the following quahficattous 52 53 1 If any lmgat~on, ¢lmm or audit ~s started before tho exp~ratwn of the four year period, the records shall 54 bo retained unrd all httgattons, clauus or andtt findings revolving the records have been resolved R~vi~d ?/9~ P~e 3 3. ARTICLE 7 RECORDS AND AUDITS (Continued) 3 2 Recorda for nonexpendable propet~ aequn'ed wtth Federal or State funds shall be re~med for four 4 years al~er 1ts fimfl disposition 6 3 When recotd~ am traozfon'ed to or nmmmmed by the Federal or Stata spousormg agency, tho four year 7 retention requcrement is not apphcable to the Contractor 8 9 D The Contractor furthar agree~ to include th~o provisions m each negotmted subcontract 3.O 3. J. E Contractor audit procoduras sludl meet or exceed the single au&t report requtremant~ outlined m Offiea of '12 Management and Budget (OMB) pubhcahon~ as follows 3. 4 Audits of State and Local Government OMB C~rcular A-125 3.5 3.6 Audits of Inetltution~ of H~gher Education and OMB C~rcular A-133 3. ? other Nonprofit ]~stlmt~ons 3.8 19 ARTICLE 8 FINANCIAL MANAGEMENT SYSTEMS 2O 2 3. The Contractor's financml managamant system shall meet or exceed tho reqmrements of tha "Umform ~mmmtretlve 22 Requirements for Grants and Cooperative Agreements to State and Local Governments" (49 CFR Part 18) Thusa 2 3 requirements mcinda, but are not Inmted to 24 25 A Accurata, curr~ and ~ompleto d~lusum of the financml results of each grant program m accordance w~th State 2 6 and Federal roportm8 roquucomoats 27 2 8 B Recorda winch identify adequatnly the source and apphcat~ou of funds for grant-supported activmas These 2 9 I~O1~ Sh/~ con~m infolln~lo/l p~ffs!nm~ to ~/lt awards and authorization, obhgatmns, comrmtments, assets, 3 0 hainht~as, outlays and raceme 31 3 2 C Effective control over and accountdo~hty for all fonds, property and other assets The Contractor shall 3 3 adequately safeguard all such assets and sludl assure that they ara used solely for anthonzed porposas 34 3 5 D Compansou of actual with budgeted amounts for each contract, and relatwn of fmoucml mformat~on to 3 6 perfonnanca or product~wty data, including tho productmn of umt cost reformation, whanevar appropnata snd 3 7 requm~d by fha State 38 3 9 E Procedures for detormmmg tha ohgtblhty for ro~mbursemem and proper allocation of costs 4O 4 1 F Accounting records winch ara sup~rted by source documentation 42 4 3 G A systematic method to assure tunoly and appropnete rasolntwn of audit findings and recommendetiom 44 4 5 ARTICLE 9. PROCUREMENT STANDARDS 46 4 7 Contractor procurement standards shall me~ or exceed the requirements of tho "Umform Athmmstratlve Requ~raments 4 8 for Grants stat Cooperative Agreemants to State and Local Governments' (49 CFR Part 18), including insurance and 4 9 bonding requu~mouts Tho Contractor shall hava wnttou selection proceduras winch m~t tbe mmmnM reqmraments 50 of that document The Contractor will have written protest procedures snd provide these to all vendors upon 5 3. request The Contractor agrees to comply w~th, apphcablo Buy America requ~remeets set forth m 49 U S C 5323(1) and 5 2 49 CFR 15ut 661 Tim Contractor agrzas to comply with tho cargo preferanco requirements set forth m 46 U S C 1241 5 3 and Manmno Adnmuetratiou regulatwns set forth m 46 CFR Pan 381 54 7/96 Pa~o 4 I ARTICLE 9. PROCUREMENT STANDARDS (Contumed) 2 3 T~e Sta~ must concur m the award of all purchase o~lers for nonexpendable personal property a~ defined m 49 CFR Part 4 18 5 6 The Contraetor wdl meet all obhgatioes recurred m its subcontracts w~th its equipment suppliers, to specdically include 7 tho p~mp~ paymant of memos due the suppbor upon dahvery of acceptable eqmpment Should payment bo delayed for 8 any reazon, tho Contractor agrees not to operate any equlpmant that has been dehvered w~thout tho oxprazs permission 9 of the equipment vendor and to lend ~t the same protection It would its own equipment 3.0 3.]. Tha C~ntractor shall msur~ that any ve~uc~az purchazed f~r us~ m ~us pr~ect w]~ c~mp~y w~th th~ M~tor V~fuc~ Safoty 3.2 Stsnda~dz az estabhzhed by the Un~d S~az Department of Tran~portation Further, the Contractor shall insure that any I 3 velucles purchazed for tho projec~ comply voth all Federal motor voluclo pollution requirements Any vefucles purchesed 3. 4 using Federal Transit Adnumstratlon funds must comply with the Bus Test reqmroments 49 U S C 5323° and 49 CFR 15 ~ 665 16 17 ARTICLE 10. PROPERTY MANAGEMENT 3.8 19 Tho Contractor agrees to comply with the property management standards specified m tho "Umform Adrmmstrative 20 Requu'ements for C_,mnts and Cooperative Agreements to State and Local Governments" (49 CFR Pa~ 18) m ~ts control, 21 use and dtsposmon of property or equipment governed by those standards Further, the Contractor shall comply with 22 the property numagemant standards adopted by the State m the Texaz Adnumstrative Codu, T~tle 43, Chapter 31 Intbo 23 event that any project fac&ty and equipment are not used m the proper manner or are w~thdrawn from pubho 24 transportation services, the Contractor shall unmedmtely nntff7 tho State The State reserves tho right to &root tho ~alo 25 or tramfes of property ecquued under tfus Contract upon datermmatmn by the State that said property haz not been fully 26 and/or properly utd~zed 27 28 The Contmetor shall rn-m~-,,~ at loazt the mmunum insurance on all veluclaz and other nonexpendable personal property 29 as reqmred by the insurance regulations of the State of Texaz 30 31 Irrespective of coverage by umurance, unless otherwise approved m writing by tho State, m the event of loss or damage 32 to project property, whether by casualty or fire, the fiur market value wdl be the value of the property immediately before 33 the casualty or tiro Unless otherwme approved by the State, m the event of loss due to casualty or fire, strmght line 34 depreciation of the asset, based on the industry standard for a useful life, shall be considered fair market value 35 36 Tho Contractor shall not execute any leaze, pledge, mortgage, lien or other contract touching or affecting the Federal or 37 Smta mtarazt m any project fao,l,t~az or eqmpmont, nor shall the Contractor, by any act or onussmn of any kind, adversely 38 affect the Federal or State mtarazt or unpan' its continuing control over the use of project facilities or equipment 39 40 The Contractor shall notify the State munodmtely of theft, wreck, vandalism or other destination of project-related 41 fac&ties or eqmpment 42 43 ARTICLE 11 COORDINATION 44 45 The Contractor wdl at all tunes coordinate the provision of public transportmwn services with arbor transportation 46 operators, both public and private, m the area The Contractor will furmsh the State copies of any such coordmatmn 47 agreements Agreements wluch authorize the payment of project fonds to another entity are subject to the approval 48 requirements dazcnbod m Article 5 49 50 ARTICLE 12. LABOR PROTECTION PROVISIONS 51 52 Tho Contractor agrees to undertskz, carry out and complete tho project under the terms and cond~tions determined by the 53 Sesreta~ of th~ Umtsd Smtaz Department of Labor to be fair and equitable to protect the interests of employees affected 54 1 ARTICLE 12 LABOR PROTECTION PROVISIONS (Continued) 2 S by tho project and mee~ng the requuoments of U S C 5333Co) Documentationoncomphanceeffortslsattachndhareto 4 as Attachment B § 6 ARTICLE 13 CHARTER AND SCHOOL BUS OPERATIONS 7 8 A Tho Contn~tor, or any subcontractor acting on its behalf, shall not engage m charter bus operations outside the 9 project area w~thm whch ~t prowdas regularly scheduled public transportation service, except as provaied under 10 49 CFR Pa~ 604 9, and regulatwns pe~m,ng to Charter Service Operations sot forth at 49 U S C 5323(d) and 1 1 49 CFR Pa~ 604 Any subcontract entered rote under these regulattons ~s mcorperated rote tlus Contract by 12 reference 13 14 B Tho Contractor, or any sub(xmtrecWr aotmg on its behalf, shall not engage m school bus operations, exclusively 15 for tho transpolar, on of students or school personnel, m compet~tion with private school bus operators, except 1 6 as provided under 49 U S C 5323(t) and 49 CFR Part 605 Any subcontract entered rote under thaso 17 regulations is mcorporatnd mia flus Contrectby reference 18 19 ARTICLE 14. MONITORING AND REPORTING 2O 21 A The Contractor shall subnnt to tho State rel~orts in the format prescribed by tho Stata Further, tho Contractor 22 shall assist the State m tha completion of tha annual physical mvanto~'y of pro.~ect equipment Noncomphance 2 3 with state and federal program requn'ements will be resolved m accordance with the TAC, Section 31 48(d) 24 2 5 B Tho Contractor shall promptly advise th~ State m writing of events that have a signfi%ant unpeet upon the 2 6 Contract, including 27 28 1 Problems, delays or ndverso cond~tions that will nmtanally affect the ability to attain program 29 object~ves, preve~ tho meotm~ of tnne schedules and goals, or preclude the attainment of project work 3 0 umts by astabhshnd tune pennds This disclosure shall be accompanied by a statement of the action 31 taken, or contemplated, and any State assistance needed to resolve the situatwn 32 33 2 Favorable developments or events that will enable meeting tune schedules and goals sooner than 34 antwlpated or prnducmg more work umts than animally projected 35 3 6 ARTICLE 15, DISP~J'fI~$ 37 3 8 A Tho Conh~ector shall be responsible for tho so.lament of all contractual and ndmmistrativo lssuas amsmg out of 3 9 procoroment entered m suppo~ of contract work 40 41 B ~ State shall act as refnn~ m all dlspu~ regarding non-procorement lasue~, and the State's decision shall be 42 final and binding 43 4 4 ARTICLE 16 REMEDIES 45 4 6 Vlolatwn or broach of contract tanns by the Contractor shall be grounds for termination of the Contract, and any 47 mcnmsed cost armm/from Contractor's default, breach of contract or violation of terms shall be pe~l by the Contractor 48 49 Tins alreomant shall not be cons~,desnd es specdymg the exclusive remedy for any default, but all ramedles existing at 50 law and m equity may be availed of by e~ther party and stroll be cumulative 51 52 ARTICLE l? TERMEWATION 53 5 4 A The State may terminate this Contract at any tune before the date of completion whenever it is determined that 1 ARTICLE 17. TERMINATION (Continued) 2 3 the Contractor h~ faded to comply with the conditions of the Contract Thc State shall gwe written notice to 4 the Contractor at least seven (7) days prior to the effective date of ternunation and spec,fy the effective date of 5 termination and the reason for the termination 6 ? B If both pa~les to this Contract agree that the continuation of thc Contract would not produce beneficial results 8 conunensurato with tho further oxpendltura of funds, the partxes shall agree upon the temunatwn CondttlOIlS, 9 mchidmg tho effective date In tho event that beth parties agree that resumption of the Contract is warranted, 10 a new contract must be developed and executed by both parties 11 't 2 C Upon tanmn~on of this Contract, whether for cause or at the convemonce of the parties hereto, all fimshed or l 3 un~mshed documents, data, stothns, surveys, reports, maps, drawings, models, photographs, etc, prepared by 14 the Contractor shall become the property of the State 15 3. 6 D The Stata shall cempan'mt~ the Contractor for those eligible expanses recurred during the contract parted which 17 are directly attributable to the completed portion of the v~rk covered by this Contract, provided that tho work 18 has been completed m a manner satisfactory and acceptable to the State The Contractor shall not recur new 19 obhgattons for the tomunated portion al~er the effective date of termination 2O 23. E Except with respect to defaults of subcontractors, the Contractor shall be m default by reason of any faduro m 2 2 performance of this Contract m accordance with its terms, mchidmg any failure by the Contractor to progress 23 m tho pedormance of tbe work Falhire on tho part of tho Contractor to fulfill its obhgatwns as set forth m this 2 4 Contract will be waived by tho State for causes duo to Acts of God or force majeure 25 2 6 ARTICLE 18 GENERAL PROVISIONS 27 2 8 A CiVIL RIGHTS 29 3 0 During tho performance of tfus Contract, tho Contractor, for Rseff, its assignees and successors m interest agrees 3 3. es follows 32 33 1 C'nmpImna~ w,~h ]~%mfl~tmn~ The Contractor shall comply with the regulations ralntive to 3 4 nonthacrlmmetwn m federally aas~sted programs of the Department of Transportation (hereinafter 3 5 "DOT*) 49 CFR, ~ 21 and 23 CFR, Part 710 405(b), as they may be amended from t~me to tu~ae 3 6 01eramafler, referred to as the Regulations), which arc heram incorporated by reference and made a 3 7 part of tim Contract 38 3 9 2 N~hsa.m*nst*~n ~ Contractor, with regard to tho work performed by it durma tho Contract, shall 4 0 not discr~mmate on the* grounds of race, color, sex or national ongmm the selection and retootmn of 4 ~. subcontractors, mcb~lmo_ procurement of materials and leases of equipment The Contractor shall not 42 pamclpute either directly or indirectly m the discrimination prohibited by section 21 $ of tho 43 Regul~om, including omploym~¢ prances when the Contract covers a program sot forth m Appen&x 44 B of the Regulntmns 45 47 either by eompetltsve bidding or negotiation made by the Contractor for work to be performed under 48 a subcontract, moJndmg procurement of matermls or leases of equipment, each potential subcontractor 49 or supphar shall be notified by the Contractor of the Contractor's obligations under tfus Contract and 50 the Regufatmus relative to nondiscrimination on the grounds of race, color, sex or national ongm 53. 52 4 lnfnrm~tmn ~nd l~*~.nnvt~ The Contractor shall provide all reformation and reports required by tho 53 Regulatmns or directives issued pursuant thereto, and shall pemut access to its books, records, 54 Revised 7/96 Page 7 i ARTICLE 18 GENERAL PROVISIONS (Continued) 2 3 accounts, other sources of m_formation, and its facilities as may bo determined by the Stat~ or the 4 Federal Trmaslt Adm,mstretlon (FTA) to be pertinent to ascertain comphance with such Regulations, 5 orde~ and mslmalons Where any mformat~on requu'ed of a Contractor is m the exclusive possession 6 of anothar who fads or refuses to furnish flus mfonnat~on, the Contractor shall so certify to the State, 7 or tho Federal Transit Admm,stratmn, az appropnete, ~ shall set forth what efforts it has made to 8 obtain tho reformation 9 1.0 5 .~soatmns far Nonenm.nlmna~ hl the event of the Contractor's noncomphance with tho 1.1. nondiscnmmntion provisions of this Contract, the State shall n'npese such contract sanctmns az it or 1.2 tho Federal Transit Adnumstration may detemune to be appropriate, including, but not himted to 14 (a) Wifl~haldmg of paymeats to the Contractor under the Contract untd the Contractor comphes, 3. 5 and/or 16 17 (b) Cancellation, terrmnatwn or suspension of the Contract, m whole or m pa~ 18 1.9 6 1,-,~ .,-~r~n~,. ~f P,'~,~,cx.~ I1~o Contractor shall include tho provmons of paragraphs (1) through (6) 2 0 m eveo~ subcontract, including procurament of materials and leases of equipment, unless exompl by 2 1. the Regulations, or directives ~ssued l~rsuant thereto The Contractor shall take such action with 2 2 ~pect to imy mbcontmet or procu~mom as tho State or the Federal Tnmsit Adrmmetrntlon may detect 2 3 az a moans of enforcing such provisions including sanctwns for noncomphanco Provided, however, 2 4 that, m tho event a Contractor becomes revolved m, or is threatened with, htlga~lon with a 2 5 subcontractor or supphzr az a result of such d~ractwn, the Contractor may request tho State to enter 2 6 rote such ht~getwn to protect tho mtar~ts of the State, and, m addition, the Contractor may request the 2 7 Umted States to enter rote such htIsetwn to protect thc mtarasts of tho Umted S~ates 28 2 9 B NONDISCRIMINATION ON THE BASIS OF DISABILITY 3O 3 1. The Contractor agrees that no otherwise quahfied person with disabthty(s) shall, solely by reason of his/her 3 2 d~bthty, be excluded from partlclpntwn m, be domed the benefits of, or ntberwise bo subject to discnmmatmn 3 3 under the project Tho Contractor shall insure that all ~xed facility comtmction or altoretwn a~d all new 3 4 e~ulpme~ included m the project comply with apphcable reguletions regarding NondiscnmmAhon on the Bests 3 5 of Handicap m Programs ~ A~tivlties ReceivmS or Beaefittmg from Federal Financial Assistance, set forth 3 6 at 49 CFR Part 27, and any amendments thereto, and the Americans with Disabilities Act 37 3 8 C DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REQUIREMENTS 39 4 0 It is the pobcy of the Deportment of Transportation that Disadvantaged Bnsmess Enmrpnses as do£med m 49 4 1. CFR Part 23 shall have the mayamum oppertumty to participate m the performance of contracts financed m 4 2 whole or m part with Federal funds Consequently, tho Dmadvantaged Business Enterpnso requirements of 49 4 3 CFR ~ 23 apply to this Contract as follows 44 4 5 1 Tho Contractor aad any subcontractor agrees to insure that Dmadvanta~ed Business Enterprises az 4 6 de.ed m 49 CFR P~ 23 haw the maxunmn oppormmty to participate m the perfonnanc~ of contracts 4 7 and subcontracts flnsnced m whole or m pert with Federal fimds la flus regard, the Contractor shall 4 8 tskz all nec~sary and ~eesomble step~ m accordance with 49 CFR Part 23 to insure that d~edvantaged 4 9 business enterprises have the maximum opportomty to compete for and perform contracts 5O 51. 2 Tho Contractor and any subconh-an~r shall not dlscnmmate on tho basis of race, color, national ongm 52 or sex m the award and performance of contracts funded m whole or m prat with Federal funds 53 54 3 Thaso requirements shall be physically included m any subcontract Revised 7/9~ Pase 8 3. ARTICLE 18. GENERAL PROVISIONS (Continued) 2 3 The perceomgu goal for Dmdvanteged Business Enterprise participation 111 the activities to be performed under 4 ttus Contract is a mmmmm of 15% of the Contract dollars evadable for contracting oppermmties as sat forth 5 m 49 CFR Part 23 and amended by Section 106n of the Surface Transportation Assistance Act of 1987 7 Failure to carry out the roqmramonts sat forth above shall constitute a breach of contract and, after the O notlfica~on of the State, may result m terrain.rich of the contract by the State or other such remedy es the State 9 dooms appropriate 3.O 3. 3. D EQUAL EMPLOYMENT OPPORTUNITY 3.2 3.3 The Contractor agrees to comply unth Executive Order 11246 titled "Equal Employment Oppe~umty" es 3. 4 ame~led by Executive Order 11375 and as supplemented m Department of Labor Regulations 41 CFR Part 60 3.5 3. 6 E AFFIRMATIVE ACTION 3.7 3.8 Tho Contractor warrants that affirmative action programs as raquu~d by the rules and regulations of tho 3. 9 Secretary of Labor 41 CFR 60-1 and 60-2 have boon developed and are on file 2O 23_ F SPECIAL PROVISIONS FOR CONSTRUCTION OR REPAIR CONTRACTS 22 2 3 1 Contract Work Hours and Safety Standards Act 24 25 The Contractor agrees to comply with Sections 103 and 107 of the Contract V~brk Hours and Safety 2 6 Standards Act (40 U S C Part 327 330) es supplemented by Depa~ment of Labor regulations (29 2 7 CFR, Part 5) 28 2 9 2 Copeland "Anti-Kickback" Act 30 3 3. The Contractor agrees to comply with thc Copeland "Anti-K~ckback" Act (18 U S C 874) es 3 2 supplemented m Deparlment of Labor regulatmns (29 CFR, Part 3) 33 3 4 3 Dav~s-Bacon Act 35 3 6 The Contractor agrees to comply with tho prov~swns of the Davm-Bacon Act (40 U S C 276a-276a-5) 3 7 as supplemented by Department of Labor regulations (29 CFR, Part 5) 3 9 4 Relocatmn and Land Acqms~t~on 4O 4 1 The terms of the Department of Transportation regulations "Umform Relocation and Real Property 4 2 Acquismon for Federal and Federally Assisted Programs" 49 CFR Part 25 are apphcable to tlus 43 Contract 44 4 5 5 Insurance and Bonding 46 4 7 The Contractor shall comply with insurance and bonding requirements as estabhshed m 49 CFR Part 48 18 49 5 0 6 Signs 53. 5 2 The Contractor shall cause to'be erected at ~o site of constmctwn, and maintained during construction, 53 signs satmfactory to th~ SR~o and the Umted States Department of Transportation identifying tho project 5 4 and mthcatmg that tho Government is participating m the devolopruant of the project R~vi~ed 7/96 P~ 9 ! ARTICLE 18. GENERAL PROVISIONS (Continued) 2 3 G ENVIRONMENTAL PROTECTION AND ENERGY EFFICIENCY 4 5 The Contrector agrees to comply vn~ all appheable standards, orders or requirements ~ssued under Section 306 6 of the Clean/ur Act (42 U S C 1857[h]), Sectmn 508 of the Clean Water Act (33 U S C 1368), Executive 7 Order 11738 and Environmental Protection Agency regulations (40 CFR, Pa~ 15) The Contractor further 8 agrees to report violations to the State 9 'l 0 Tho Co.rector agrees to recogmzo standard~ and policies relating to energy officlanoy which are contamnd m '1 3. fl~ Steto energy con~rvetlon plan issued m comphanee with the Energy Policy and Conservation Act (P L 94- 3.2 163) 13 14 H CONTROL OF DRUG AND ALCOHOL USE 3.5 3.15 The Contractor agrees to comply with tho terms of Federal Transit Adnumstratlon regulations on drag and 3. 7 alcohol use set forth at 49 CFR P~ 653 and 654 3.8 3.9 I SUSPENSION AND DEBARMENT 20 2 3. Tho tarms of tho Depemneot of Tramportatlon regulation, "Suspension and Debarment of ]hutwlpm~s m DOT 22 FLrumeml Assistance Programs", set forth m Executive Order 12549 as Implemented by 49 CFR Part 29, are 23 apphceble to this contract and Contractor must complete the Debarment Certification which is included as 24 Attachment C Furthermore, any subcontractor employed by tho Contractor IS also bound by the terms of 49 25 CFR Pa~ 29 and must complete tho Lower Tmr Par~wlpant Debarment Certification which is also mclnded as 26 Attachment C 27 2 8 J RESTRICTIONS ON LOBBYING 29 3 0 Pummnt to Sect~an 31 U S C 1352, 49 CFR Part 19 and 49 CFR Pa~ 20, contractors who apply or hid for an 3 1 award of $100,000 or more shall file tho cerhficatwn required by 49 CFR Pa~ 20 which generally prohibits 3 2 reclp~eaas of Federal funds from nsmg those memos for lobbying purposes The Contractor shall comply with 33 tho attached Special Provision "Now Restrictions on Lobbying", which is included as Attachment E 34 3 5 K PROHIBITED ACTIVITIES 36 3 7 Tho Commetor or any subcontractor shall not use Federal or State aes~stance funds for pubhclty or propaganda 38 purposes designed to support or defeat leg~slation pending before Congress or the Texas Legislature 39 40 No member of or dologam to tho Congress of the Umted States shall be adrmtted to any share or pail of this 43. Contract or to any benefit arising therefrom 42 43 No memhar, officer or employee of the Contractor during his tenure or one year thereafter shall have any 44 interest, direct or mdtrect, m this Contract or tho proceeds thereof 45 46 Texas Transportation Commission policy mandates tha~ employees of the Department shall not accept any 47 benefits, gd~ or favors from any person doing bnsmess or who reasonably spealang may do bnsmess with the 48 State under this Contract The only exceptwns allowed are ordinary business lunches and ltar/m that have 49 received the edvanced wnltan approval of the State's Executive DlrecWr Any persoes doing business with or § 0 who may reesonab]y speaking do b~h'less with the State under this Contract may not make any offer of henefita, 5 3. ~d~ or favors to Dopemnental employees, except as mentioned here above Fmlure on the part of tho Contractor 52 to edhere to this pohcy may result m tho termination of this Contract 53 54 Revved 7/96 l~lse 10 3- ARTICLE 18 GENERAL PROVISIONS (Continued) 2 3 L DF. LINQUENT TAX CERTIY'ICATION 4 § Pursuant to Article 2 45 of tho Business Corporation Act, Texas Civil Statutes, which prohibits the State from 6 awarding a contract to a corporation that Is dehnquent m Paymg taxes under Chapter 171, Tax Code, tho 7 Contractor hereby cortflles that it Is not dehnquent m its Texas franchise tax payments, or that it is exempt from 8 or not subject to such tax A fahe statement concernmI tho Contractor's franchisu tax status shall const~toto 9 grounds for cancellat~im of the contract at tho sole option of the State 10 11 M ASSURANCES 12 13 The Contractor will comply with Texas Govemmant Code, Chapter 573 by insuring that no officer, employee 14 or member of tho Contractor's governing beard or of the Contractor's subcontractor shall vote or conl~m tho 3.5 employment of any parson related within the second degree by affimty or third degree by consanguuuty to any 3. 6 member of tho governing body or to any other officer or employee authorized to employ or supervIse such 17 Parson This prohibition shall not prohibit tho employment of a person who shall have been continuously 18 employed for a pennd of two years prior to tho election or appomtmant of the officer, employee, governing body 3. 9 member related to such person m tho prohibited degree 2O 2 'l Tho Contractor will insure that all reformation collected, assembled or maintained by tho apphcant ~elatlVO to 22 th~ pwject shaLl be available to the pubhc during normal business hours m compliance with Texas Government 23 Code, Chapter 551 unless otherw~e expressly provided by law 24 2 5 The Contractor will comply with Texas (3ovomment Code, Chapter 552, which requu'es all regular, specnd or 2 6 called meetings of governmental bodies to be open Ia the public, except as otherwise provided by law or 27 specifically pemutted m tho Toy/ia Constlmtnin 28 29 N PATENT RIGHTS 3O 3 3- If any mventnin, Lmprovoment or dIscovery of the Contractor or any of its subcontractors Is concnived or first 32 actually reduced to practwe m tho course of or under this project, which mvantnin, unprovemont or discovery 33 may bo patentable under the Patent Laws of the Umted States of America or any forelgu country, and ~f said 34 invention, m~provem~t or d~covo~ has not already become the property of the State under Article 17 C above 3 5 the Contractor shall immedmtaly notify the State and provide a datafled report The rights and respons~thtle8 3 6 of the Contractor, subcontractors and the United States Government with respect to such mvantlim will be 3 '7 determined m accordance w~th appbcable Federal laws, regulatior~, pelwles and any v, mvers thereof Further, 3 8 the Contractor shall comply with the provisions of 41 CFR, Part 1-9 39 4 0 O COPYRIGHTS 43. 4 2 The State and the Umted States Depaflment of Transportation shall have the royalty-free, non-exclusive and 43 urovocable right to reprixt~e, publish or otherwlsu use, and to authorize others to use, the work for government 44 puqx)ses 45 4 6 P INDEMNIFICATION 47 48 Tho Contractor shall mdemmfy and save harmless the State from all clauns and liability due to ectlvlt~ns of itself, 49 its agents, employees or volunteers, performed under this agresnient and which result from an error, onuesnin 50 or neghie~t act of tho Contractor or of any person eniployed by tha Contractor The Contractor shall al~o save 5 3- harmless the State from any and all expenses, including attorney fees which nught bo recurred by the State m 52 htlgatmn or otherwise rnslstmg smd claim or hablhtles which might be unposed on the State as a result of 53 activities by the Contractor, its agents, employees or volunteers 54 Revised 7/96 P~e 11 ARTICLE 18 GENERAL PROVISIONS (Contmned) Q SUCCESSORS AND ASSIONS Tho Contractor brads hunseff, his successors, asst~s, executors and adrmmstrators m respect to all covenants of tlus agreement The Contractor shall not sign, sublet or transfer his interest m this agreement without tho written consent of the State R CONTRACTOR ACKNOWLEDOMENT Tho Contractor aclmowledges that it la not an agent, servant or employee of the State and is responstble for ~ts own ~ta and deeds and for those of its agents or employees during the performance of the contract work S LEGAL CONSTRUCTION in cnso any one or moro of the pwvmons contained tn tlus agreement ~hsll for any resson be held to be mvshd, illegal or unenforceable tn any respect, such tnvahdlty, dlegahty or unenforceabd~ty shall not affect any other prOVIlilOU thereof and th~ a~j'eemant shall be construed as ~f such mvahd, illegal or unenforceable provision had never been contained harem Revised ?/96 P~e 12 i ARTICLE 18. GENERAL PROVISIONS (Continued) 2 3 4 T PRIOR AOREF*MENTS 6 This agreement constitutes the sole and only agreement of the INll~les hereto and supersedes eey peer 7 understandings or written or oral egreement~ between the parlles respectmg the within subject nmtter 8 9 IN TESTIMONY WHEREOF, the I~utles hereto have caused these presents to he executed :LO :L 2 STATE OF TEXAS CONTRACTOR: :L4 Certified as being executed for the purpose aud effect of CITY OF DENTON 1 5 actlvgtmg and/or e.q~mg out the orders, established policies, 16 or work programs heretofore approved and authorized by the .,~/~~'~'~z~/ 17 Texas Transportation Comnuaslon under the authority of' ~-,., 10 MmuteOrder 1058"/1 ~.~/ By 20 ' 22 23 24 By Date 25 District Hngmeer 26 Dallas District 27 28 29 Date 3O 31 32 33 34 35 36 37 38 39 CONTRACTOR ClTY OF DENTON CONTRACT NO 517XXFB010 CONTRACT BUDGET STATE PROJECT URB9701(1B)2 A~-FACHMENT A FTA NO TX 90-X380 LINE ITEM NO TOTAL FEDERAL STATE LOCAL CAPITAL DESCRIPTION 1 (one) Bus I (one) B~s 125 000 83 000 39 060 2 940 125,000 78 478 43 265 3 257 6 (six) Buses 33 594 2 880 30 714 0 Vans Dema~ld Response 112800 90240 22,560 0 One Type XI Bus 178 100 142,480 23 153 12 467 5 Bus Sheltere 20,000 16,000 2 600 1 400 10 Bus Benche8 $ 000 4 000 650 350 Replacement S~gns 2 000 1 600 260 140 CMAQ Demonstration 6,440 5 152 837 451 CAPITAL TOTAL 607 934 423 830 70% 163 099 27% 21 005 3% PLANNING XX XX XX 77 210 61 788 10 037 5 405 77210 61 788 80% 10037 13% 5405 7% OPERATING XX XX XX 249 884 122 000 68 884 61 000 249864 122000 49% 66864 27% 61000 24% TOTAL 935 008 607 598 65% 240 000 26% 87 410 9% FEDERAL FUNDING SPLIT TX 90 X248 TX 90-X278 TX 90-X310 TX 90 X380 TOTAL CAPITAL 93 120 78 478 83 000 169 232 423 830 PLANNING 0 0 0 61 788 61 788 OPERATING 0 0 0 122 000 122 000 93 120 78 478 83 000 353 000 607 598 STATE FUNDING SPILT FORMULA CSP DESCRETIONARY TOTAL cAPrTAL PLANNING 163 098 0 0 163 099 OPERATING 10 037 0 0 10 037 66 864 0 0 66 864 i4o ooo 0 0 240 000 TX 80 XO05(Scholarship) 1 000 TOTAL REIMBURSABLE 241 000 10/09/96 ATTACHMENT A RECEIVED S D H P T 96 APR 2q AH I0~ O0 DISTRICT 18 P1AILROOH AN APPLICATION BY THE CITY OF DENTON, TEXAS FOR A CAPITAL, PLANNING, AND OPERATING ASSISTANCE GRANT FOR FISCAL YEAR 1997 UNDER URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED FOR TRANSIT SERVICE April 17, 1996 ( )Dmst Ensr ~(~ _ ~.. ( ) Asst [:h~t. Engr~.,~,(' ) ( ) '~' ( )Action , ( ) ( )Advise ( )---~_, ~ ) Comment CITY OF DENTON~ TEXAS MUNICIPAL BUILDING, DENTON, TEXAS 76201 , TELEPHONE (817) 566-8307 Office of the City Manager April 17, 1996 Mr Wilbur Hare, Regional Admlnlstrator Federal Transportation Adm~n~stratlon 524 E Lamar Blvd , Suite 175 Arlington, Texas 76011 Dear Mr Hare Enclosed is an executed orlglnal and two cop~es of the Grant Appl~catlon as prepared by the C~ty of Denton Th~s grant application requests $353,000 of federal funding, which includes $61,768 planning, $122,000 operating, and $169,232 capital These funds wxll be used during the 1997 fiscal year, October 1, 1996 through September 30, 1997 The local match contrlbut~on for the requested funds is $179,750 Also included ~n thls application is $5,152 in capital funds for a three -year demonstration Ozone Alert program to be taken from Congestion Mlt~gat~on A~r Quality (CMAQ) funds Th~s money needs to be transferred from the Federal H~ghway Admlnlstrat~on to the Federal Transit Adm~nlstrat~on On March 13, 1996, the Clty of Denton forwarded a written request to M~chael Morr~s, NCTCOG, and copied Charles Tucker, TxDOT, to assist ~n the transfer Additionally, ~n accord w~th FTA C 9300 1 Chapter VI (6), Public Hearlng Requirements, the City of Denton will hold a public hearing to receive comment on the proposed program We w~ll forward a copy of the transcript after the hearing which ~s scheduled for April 29, 1996, at 6 00 p m Should there be any additional ~nformat~on or documentation necessary to complete th~s application for assistance, please contact Joseph Portugal at (817)566-8307 ccf' Cha~le~s T~cker,~TxDOT Mlchael Morr~s, NCTCOG "Dedicated to Qualtty Service" CITY OF DENTON, TEXAS MUNICIPAL BUILDING · DENTON, TEXAS 76201 · TELEPHONE (817) 566-8307 Office of the City Manager April 17, 1996 Mr wilbur Hare, Regional Administrator Federal Transit Administration 524 E Lamar, Suite 175 Arlington, Texas 76011 Dear Mr Hare, The C~ty of Denton hereby certifies that it will comply with all federal statutes, regulations, executive orders, and adm~nlstrat~ve requirements applicable to applications made to and grants received from the Urban Mass Transportation Administration under Sections 3, 3(a) (1) (c), 4(1), 6, 8, 9, 9B, 16(b) (2), or 18 of the Urban Mass Transportation Act of 1964, as amended, as well as for transit- related projects under the Federal Aid Urban systems and Interstate Transfer Programs [Sections 142 and 103(e) (4), respectively, of Title 23 of the United States Code] The provisions of Sections 1001 to Title 18, U S C , apply to all certlf~catlons and submissions in connection with appllcat~ons made to and received from UMTA The City of Denton certlfles or affirms the truthfulness and accuracy of the contents of the statements submitted on or with the certifications and understands that the provls~ons of 31 U S C S3801, et sea, are applicable thereto Sincerely, Acting C~ty Manager "Dedtcated to Quahr~ Transmittal Letter Aprll 17 , 1996 Page 2 The undersigned chief legal counsel for the City of Denton hereby certifies that the City of Denton has authority under state and local law to comply w~th the subject assurances and that the certlf~catlons above have been legally made ~//~/~ Date Herb Prouty, Clty ~orney RS var SYSTEM DESCRIPTION CITY OF DENTON The City of Denton was designated as a new urbanized area in the 1990 Census The Clty requested that the North Central Texas Council of Governments be the City's Metropolitan Planning Organization The Governor concurred with this request The City also received concurrence from the Texas Department of Transportation for the City to be the designated recipient and grantee for Section 9 financial assistance through the Urban Mass Transportation Act of 1964, as amended For the past 22 years, Services Program for Aging Needs (SPAN), a private, non-profit agency, has operated transportation services in the City of Denton SPAN initiated public transportation under Section 18 in the fall 1989 and contracted with the State to receive these funds In 1995 the City renewed its contract with SPAN for up to three years The fixed route system operates buses Monday through Friday 7 00 a m to 7 00 p m and Saturday from 10 00 a m to 6 00 p m on five routes Four routes are one hour and the fifth route is a thirty minute route The routes serve transportation dependent housing areas, ma]or shopping areas, universities, medical facilities, most public schools, central business district, and ma]or employment areas The fare is $ 75 for adults, $ 35 for elderly/handicapped, $ 50 for children under age 18, and free to children under age 6 The system also provides transit service for persons with dlsabllltles and the elderly This service is provided in vans during regular operating hours from 7 00 a m to 7 00 p m Monday through Friday 09/29195 AppI,.ICATION FOR , ~,,n~ ~ mn.n. ~ City of Denton De~co~, ~e~s 76201 ~ooe~ (817 ) 56~-830T Federal Transit A~i~strat~n FY '97 Transit Pro3ect Denton County, Texas City of Denton, Texas 10/1/96 09/30/97 City of Denton. Texas Publzc Transzt, Sectzon 9 ~" ' 353,000 ~ . ~ ~ 88,476 ~ ~ ~ ~ 98.537 ~ 5,780 0 ' ~~~'~ Acting City Manager ~PUCA~ON ~ 1 of 2) ~ C 9030. lA Page V-5 9-18-87 E~MIBIT B S~X:l'l(~ 9 PROGRAM OF P~O3ECUS AND ~l' Urbanized ~: Denton, Texas ~l~t for 19 9~ ~i~t~ ~ipi~t: City of Denton ~ ~: G~: C~ty of Denton ~f~ ~ (+ or-): ~ ~: TX-90-~ ~ ~ A~ll~le:353,000 ~J~ ~i~i~ 1~ f~ t~l ...o/~o ~. (1) lift-equipped $ 35,620 $142,480 $ 178,100 vehicles (2) replacement si~s 400 1,600 2,000 (3) bus shelters (5) 4,000 . .16,000 20,000 'bus benches (10) 1,000 4,000 5.000 (10)~tratlon lx288 5,152 6,440 b. ~o/lo ~. (~) (~). c. 95/~5 ~. (2) ~1 ~pi~ 42 ~308 169,232 211,540 II. O~ ~~ (~ ~ 50% ~{~) for ~ fk~10/1/96 ~ 9/30/97 122 ~000 122,000 244,000 (1)~dmlnis tration 15,442 61,768 77,210 (2). (~o) subtxfcal planning 15,442 61,768 77,210 TO~kLS: 179,750 353,000 532,750 IV. (I~£~NCY P~Cu-MC~S:* (~) (~) · ~: ~J~ ~y ~ ~ f~, ~ ~t~ ~i~ ~ ~ ~t ~t ~J~ ~ ~ ~~ ~ ~ ~ wl~ prior ~ a~. Paqe V-8 ~ C 9030. lA 9-18-87 E~4~T D S~uklC~ 9 EX~.NDI~UR~ U~z~ ~= Denton, Texas ~i~t~ ~ipi~:~ity of Denton G~: City of Den~o~ ~ ~: TX-90-~ A. ~0/20 ~: (1)a. lift-equipped vehicle 11.12,02 b. c. (2)a. replacement route sl~s 11.34,09 1.600 b. bus shelters (5) 11.33.10 16.000 c. benches (10) 11.33,20 4,000 (lO}a. 3 year C~q demo 11 ~2.11 5.152 b. ~. ~o/~o ~: (~)a. b. (2)a. (~)a. (2)a. ~ ~pie~ $ 169,232 II. OF~ ~I~ (~ ~ 50% ~{~): for ~i~ fk'~ ~O/l/9~ ~ 9/30/97 30.09.00 $ 122,000 ~.~ (.o/~o ~): ~ Urant Dev/Admlnistratzon 41.11.00 $ 61,768 b. (2)a. (10)a.. subtotal pl~$ 61~768 TfT~AL~FUNDING (I, II, and III): $353~000 IV CONtiNGENCY (ll)a. $ b. (12)a.. (15)a. b. 1996 TRANSPORTATION IMPROVEMENT PROGRAM I DALI. AS DALLAS-FORT WORTH MPO FISCAL YEAR 1996 March I: TxDOT DISTRICT NAME OR DESIGNATION PROJECT ID FED PROG FUNDING CO~JI~Y LOCATION (PROM) P ~ STATE CAT FEDERAL CITY LOCATION (TO) il LANES pHA~E STATE $ 1.3~3 750 S 6,978,250 I ~ 3 $ 18,600 O50 $ 23,250 500 i 9 $ 215000 $ 43oooo I D~LJ.~6 BUS REi. L~BILITATION UAFP DN.J. AS E & O OPERATH4G ASSISTANCE UN=P IDALLAS ~ $ 17,1 0~) $ 342 0~0 I .j $ .1oo00oo i ~ 9 $ to 760 iCq4ASE E.ENGINEERING C=CONSTRUCTtON R=ROW T=TRANSFER VII-8q 1996 TRANSPORTATION IMPROVEMENT PROGRAM MODIFICATION Subregion: Eastam Program: CMAQ _ STP-MM Transit__X . Other__ Type of Modification. Administrative ~ RTC A~tion ~ STIP Revision Modification Numper: 96-32 NCTCOG Project Code: N/A NCTCOG TIP Page Number(a): IV-2 TxDOT Co,~;,-~; SesSion Job Number(s)' N/A Project Type and Looation: SPAN (Denton)--VehlcJe Acquis,t~on Original Fundm$ Amount: FY98-$252,000 total ($202,000 federal. $25,000 Slate, and $25,000 I~) Revised Funded Amount (Trane,t): $298,750 Percent: 15% Request: Increase transit capital assistance to balance FY96 Urbanized Area Formula Program (remedy Section 9) federal apportionment for Denton UCcan~zed Area, FY98-$288,750 total ($231,000 federal, $28,875 State, and $28,875 Comments/Conditions: N/A Approved By: Director of Tmnsportabon NCTCOG The followfllg signature authorizes additional Metropolitan Planning Organization (MPO) allocated funds to be moved into Year One. modiflcat~on to a project funded through a TxDOT-selected program Approved By' NIA Jay Nelson, P E Date District Eng,nesr TxDOT, Dallas District t996 TRANSPORTATION IMPROVEMENT PROGRAM MODIFICATION Subregion: Eastem Program: CMAQ STP.MM . Transit X Other Type of Modification: Administrative ~X RTC A~tion STIP Revision __ Modification Number. 96-33 NCTCOG Pmjeot Code: N/A NCTCOG TIP Page Number(s): IV-2 TxDOT Control Segtion Job Number(s): N/A Project Type and Location: SPAN (Oenton)-Operabng Assistance Original Funded Amount:. FY96-$430,000 total ($2t5,000 federal, $107,500 State, and $107,500 local) Revised Funded Amount (Transit): $244,000 Percent: -76% Request: De=ease transit operating a$~stance to balance FY'96 Urbanized Ame Formula Program (formerly Se~on 9) federal apportionment for Denton Urbane. ed Area, FY96-$244,000 total ($17.2,000 federal, $61,000 State, and $61,000 local) Comments/Conditions. Approved By: Director of Tmnsportaben NCTCOG The following signature authorizes edddmmd Metropolitan Planning Organization (MPO) allocated funds to be moved Into Year One. modification to a project funded through a TxDOT. selected program Approved By: N/A J~A Jay Nelson, P E Date D,st~ct Engineer TxDOT, D~lle= D,strJct CITY OF DENTON PROJECT NO TX-90-XXXX MOST RECENT AMENDMENT NO N/A TOTAL FEDERAL SHARE $353,000 PROJECT MILESTONE SCHEDULE Une Il;em DescHDtion Milestone Desodotion D~I~ Purchase hft-equ~pped vehicle Project Planning and Development October - November 1996 B~d Process November - December 1996 City Councd Approval/Award January 1997 Construction of Vehicle January - April 1997 Dehvery of Vehicle April 1997 Purchase Bus Shelters Engmesnng/Arch~tectural Design and Spec~flcat;on Development November 1996 - January 1997 Bid Process January - February 1997 City Council Approval/Award February 1997 Dehvery/Complet~on of Installation April 1997 Purchase Benches Engmesrmg and Specification Development November 1996 - December 1997 B~d Process December 1997 C~ty Counc;I Approval/Award January 1997 Delivery/Completion of installation April 1997 (Page 1 of 1) Sgan Bill Patterson THE STATE OF TEXAS The County of being duly sworn says he ls~w~'General Managel' of the Denton l%econl-Cb~nic~ X ., Grapevine Sun ., Lewisvllle News a newspaper/s of general circulation which has been continuously and regularly published for a period of not less than one year in the County of Denton, T~, preced!ng the d~te of the attached notice, and that the saki notice was published In said paper/s on the followIng datess Notice of Proposed Program of Projects Denton Re¢ord-¢hron£¢le April 6, 1996 58 lines $34.80 Subscribed and sworn to before me this ~ ~. dab, of April , 19 96 Wlmess my hand and offical Notary Public, Denton County, Texas "I Span Bill Patterson THE STATE OF TEXAS , ~ N~ a n~s~/s of ~ c~n w~ ~ ~n ~d ~ p~h~ ~ a ~ of nm ~ ~ one ~ ~ ~ ~ of ~m~ T~, p~s ~e ~ Public Hearing No~icel ~o receive inpa~ on ~e Proposed Progr~ o~ Pro]ec~s for pu~ic ~ranspo~a~ion fundin9 in ~he City o~ Denton Denton Record-Chronicle April 15~ ~996 ~8 lines ~0.80 ~o~ ~H~ ~mn ~, T~ PROTECTION OF THE ENVIRONMENT THE CITY OF DENTON The City of Denton has made appllcataon for Federal financial assastance under the Urban Mass Transportation Act of 1964, as amended If approved, this grant project ~s designed to 1 Enhance the access of the community an the Caty of Denton for purposes such as health care, shopping, recreation, publac servaces, and employment through a public transportataon system 2 Promote the coordanat ~on of services of other transportataon providers to avoid the duplication of servaces There as a categoracal exclusion of the Protectlon of the Envaronment requarement The nature of this project ~s such that there w~ll be no displacement of people, no substantaal alterataon of social, economac, or environmental conditlons, nor wall ~t sagnlflcantly alter land use, planned growth, development, traffic patterns, and natural and man-made resources Da~J/?/~~ ~ CERTIFICATION The undersigned duly qualified and acting City Secretary of the City of Denton, Texas, certifies that the foregoing is a true and correct copy of an ordinance, adopted at a legally convened meetlng of the City Council of the City of Denton, Texas, held on the 2nd day of April 1996 n~fer/Walter~ y Secretary Official Seal ~ Date ORDIN CE NO AN ORDINANCE AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TP3%NSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Secretary of Transportation is authorized to award grants for a mass transportation program of projects and budget, and WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, such as the City of Denton, Including an obligation to provide the local share of the project costs in the program, and WHEREAS, the U S Department of Transportation requires, in accordance with the provlslons of Title VI of the Civil Rights Act of 1964, as amended, that the applicant give an assurance that it will comply with Title VI of the C~vll R~ghts Act of 1964 and the Department of Transportation requirements thereunder, and WHERF.~, it lS the goal of the applicant that minority business enterprises be utilized to the fullest extent possible in connection with this project, and that definite procedures shall be established and administered to ensure that minority businesses shall have maximum construction contracts, supplies, equipment contracts, or consultant and other services, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That the City Manager ~s authorized to execute and file an application on behalf of the City of Denton, Texas, with the U S Department of Transportation to aid ~n the financing of planning, capital and operating assistance pro]ects pursuant to Section 9 of the Urban Mass Transportation Act of 1964, as amended ~ That the City Manager ~s authorized to execute and f~le with such applications an assurance or any other document required by the U S Department of Transportation effectuating the purpose of Title VI of the Civil R~ghts Act of 1964 ~ That the C~ty Manager or h~s designee is authorized to furnish such add~tlonal information as the U S Department of Transportation may require in connection with the application for the program of projects and budget SECTION IV. That the City Manager is authorized to execute grant agreements on behalf of the City of Denton, Texas with the U S Department of Transportation for aid in the financing of the planning, capital and operating assistance program of projects and budget SECTION V. That this ordinance shall become effective Immediately upon its passage and approval PASSED ANDAPPROVED this the~A~ day of ~~__, 1996 ATTEST ~ JENNIFER WALTERS, CITY SECRETARY BY R~ HERBERT L PROUTY, CITY ATTORNEY Page 2 Federal Register / Vol 60, No 226 / Fmday, November 24, 1995 / Nohces 58193 Appendix A FEDERAL FY 1996 CERTIFICATIONS AND ASSURANCES FOR FTA ASSISTANCE Name of Apphcant C~ty of T~mntmn: Tmxms The Apphcant agrees to comply with apphcable reqmrements of Categories I - XIII __ (The Apphcant may make th~s selection In lieu oflndlv~dual select~ons below ) OR The Applicant agrees to comply with the applicable requirements of the following categories it has selected' I Cemficat~ons and Assurances Reqmred ofEach Apphcant X (Prewous Category II, procurement, ~s now Category I, paragraph H ) II Lobbying Cemfication X II1 Public Heanng Certification for Major ProJects w~th Substannal Impacts X IV Cemficatmn for the Purchase of Rolhng Stock X V Bus Testing Cemficat~on X X VI Charter Bus Agreement VII School Bus Agreement X X VIII Cemficat~on,for Demand Responsive Semce IX Substance Abuse Certifications Reqmred by January 1, 1996 X Assurances Projects Involwng Real Properly X X XI Certlficatmns for the Urbamzed Area Formula Program XII Certifications for the Elderly and Persons w~th Dmabd~t~es Program X X]II Certifications for the Nonurbamzed Area Formula Program (Both redes of th~s S~gnature Page must be approprtately completed and mgned where indicated ) FTA Ccmficatlons and Assurances for F:scal Year 1996 16 58194 Federal Re~tster / Vol 60, No 226 / Friday, November 24, 1995 / Notices Appendix A FTA CERTIFICATIONS AND ASSURANCES FOR FEDERAL FISCAL YEAR NameofApphcam City of Denton, Texas NameandRelauonshlpofAuthor~zedRepresentalwe Rlck Svehla, Acting Czty Manager BY SIGNING BELOW l, ..Rick Svehla (name), declare that I the Applicant has duly authorized me t° make these camficatlons and assurances on the Apphcam's behalf and brad the Apphcam,s comphance Thus the Applicant agrees to oomph w~th all Federal statutes, regulations executive orders, and admml$tranve guidance required for each apphcallon It makes to the Federal Transit Administration (F'FA) m Federal Fiscal Year 1996 FTA intends thai the certifications and assurances the Apphcanl selects on the mher mdc of this form, as representamc of thc certifications and assurances m Appendix A should apply, as reqmred to each project for v,hich the Applicant seeks nov,, or may later, seek FTA asslsranca during Federal Fiscal Year 1996 The Apphcan! a/~rms the trathfulness and accuracy of the certlficanons and assurances it has made in the slatemeol$ submitted hereto with this document and an) other subnusslon made to FTA and acknowledges that thc prmtslons of the Program Fraud Civil Remedies Acl of 1986, 31 U S C 3801 et se~, as implemented by U S DOT regulations, 'Program Fraud Cl'.ll Remedies,' 49 CFR pa~ 31 apply to an) certification, assurance or submission made to FTA The criminal fraud provisions of 18 U S C 1001 appl) to an) cemficaUon, assurance, or submission made in connection with the Urbanized Area Formula Program, 49 U S C 5307 and may appl) to an) other cemficauon assurance, or submission made in connecuon with an) other program administered by FTA In signing this document, I declare under penalties of perjury that the for.~q~'ng'~tfetuficatmna, and assurances, and · ~/ ./ . ,. . - Authorized Representative of Apphcant AFFIRIVIATION OF APPLICANT'S ATTORNEY for Clt~' of Denton, Texas (NameofApphcant) As thc undc~'sigued legal counsel for the abo~c named Applicant ! hareb) a~rm thai the Apphcanl has authority under state and local la~ to make and compl% with the camficatmns and assurances as indicated on the foregoing pages ] ~urther alarm thai, In m) opinion, the ceruficanona and assurances haxe been legally made and constitute legal and binding obhgaUons on the Applicant 1 further a~rm that to the best of m% kno,,%ledge them is no le~slanon or Imgat~on paedrag or threatened Ihat might ad~ etseh affect the ~ ahdlh of these cortlflcanans and assurances or of the performance of the project Furthctmorc il' l become a~am ol. circumstances that change the accorac} of the foregoing statements, I v, thc Applicant and 1~'^ Date c A'~'°~'~ FT^ Ccnlficanons and Assurances for F~scal Year 1996 ~ C 9100.1~ 7-1-88 WEAT~E~T OF CO~fINU~D VM:mTTY OF ~ ~I~ ~ foll~ ~ (~ ~ ~ ~/~1~ ~ ~) ~ve ~ ~-~ ~i~ or ~: [X] ~ ~/~: 3/30/92 Resubmitted ~ ~ of ~": , ~iZ~ ~1~~: .Resubmitted ~ ~ ~~ ~/~u/v ~'s 5~ Pl~ ~ ~)~: [ ] ~ ~~: N/A ~, ~ ~li~t ~fi~ ~ ~f~ ~ ~ T~ ~?~t~Z ~ ~i~ of 31 U.S.C. ~3801 ~ ~. ~ ~li~le ~' Ti~e of ~~ Official ~$10,0~ ~~~5~' =~. 18~.S.C., ~i~ ~0Ol (1982). LABOR PROTECTION PROVISIONS (formerly Special SecUon 13(c) Warranty) FOR APPLICATION TO THE URBANIZED PUBLIC TRANSPORTATION GRANT PROGRAM The followlllg !.n~mlage shall be made putt of the contract of assistance with the State or other pubhc body charged vnth allocation and edmtmstretion of funds provided under urbamzed public tran~pornttion of tho Act Tho City of l)~ntoa agrees that. m the absence of wmver by the Department of Labor, tho tarm~ and conditions of tl~ warranty, as set foah below, shall apply for tho protection of the transportation related employees of any employer providing trausportatlon services assisted by the Project ("Recipient"), a~xl the transportation related employees of any other surfaco pubhc trausportatlon providers m the tran~por~ntion service area of the project The City of I~mon shall provide to the Depa~ment of Labor and maintain at all tunes during ti. ,inet an accurate, UlY.tu-d~ hstmg of all eyastmg transpor~atwn providers wluch are eligible Reoplent~ ration assistance funded by the Project, m the transportation service area oftha Project, and - ..ations representing tho employees of such providers writing acceptance of the terms and conditions of the warranty nrr~r" ~ oafficient to pemut tho flow ofuthanized public transportation funding m the absence of~,. /~ .ompbance by the Department of Labor (1) The Project shall bo c. n~_-~ · manner and upon such terms and conthtious as will not adversely affect employeao ~'~' . and of any other surface public tran~portatlun provider m the transportntton servxc~ ~ ~ ~oct It shah be an obligation of the Recipient ~ any other legally respom~le partyO "' x-ubhc Body to assure that any and all transportntton services assisted by the Project ar,' ~ .md operated m such a manner that they do not unpalr the rights and mtur~ts of ~. ~e term "ProJect", as used hereto, shall not be lmuted to the pa~lcular faclhty, service, ,sted by Federal funds, but shall include any changes, whether nrgamzational, operation, .~t, or otherwise, Much are a result of the assistance provided The phrase "as a result of the , shall when used m flus arranllemant, include events related to the Project occumng m anttc~pution of, ~armg, and subsequent to the ProJeCt and any program of effic~encies or econonues related thereto, provided, however, that volume rises and falls of business, or changes m volume and charectar of employment brought about by causes other than the Project (including any economies or efficiencies unrelated to the Projec0 are not within the purview of tlus arrangement An employee covered by flus arrangement, who is not distressed, displaced or otherwise worsened mlus position with regard to his employment as a result of the Project, but who is dismissed, displaced or otherwise worsened solely because oftbo total or partml termination of the ProJect, discontinuance of ProJect services, or exhaustion of Project fundm$ shall not bo deemed ehgible for a disnussal or displacement allowance within the meenmg of paragraphs (6) and (7) of the Model agreement or applicable provisions of substitute comparable arran- ~ements (2) (a) Where employees of a Recipsent are represented for collective borgammg purposes, all Project services prov~ed by that Recipient shall bo provided under and m accordance with any collective bargsmm~ agreement apphcable to such employees wluch is then m effect A~chmant B (Page ! of 6) (2) (b) ~ Reciploni or legally responsible party shall provide to all effected employees sixty (60) days notice of mtendad actions which may result m displacements or dlanussals or rearrangements of the workmg forces In the case of employees represanted by a union, such notice shall be provided by certified meal through then' represeetatives Tha notice shall contain a full and adequate statement of the proposed changes, and an astmutte of the number of employees affected by the mtenaed changes, and the number and classifications of any .lobs m tho Reclplent*s employment avgalable to be filled by such affected employees (2) The procedures of this subparagraph shall apply to cases where notices revolve employees represented by a umon for collective hargammg pnrposas At the raquest of either tho Recipient or the representative of such employeas negotiations for the purposes of reaching agreement with respect to the application of tho terms and conditions of this arrangement shall commence immediately If no agreement is reached within twenty (20) days from the commencement of negotmttons, any party to the dispute may submit the mettm, to dis- ~ settlement procedures m accordance with paragraph (4) of this warranty The foregoing procedures sl~* '~hed with and carried out prior to the restitution of the intended action (3) For tho purpose of providing the statutory required protections mci:' .~2 .tl~cally mandated by Section 13(c) of the Act't, the Pubhc Body will assure as a condition of *' ~. ,V .nas that the Recipient agrees to be bomgi by the t~rms and conditions of the National (Mad-/.~' ~) agreement executed July 23, 1975, identified below approved by tho Secretary of Labor and certified for mchi~ ~. :dltions (4) Any dlspato or controversy ansmg regm.~* ~k~ ,ion, mtarpretation, or enforcement of any of the provisions of this arrangement which ca~ .~2'~' ~y and between the parties at interest withm thn.ty (30) days arm' the dlsputa or controve ,r,sy fi~ 4~*~'~ oe referred by any such party to any £mal and binding disputes settlement procedure eceept~ 4~ ~*' rs, or m tho event they cannot agree upon such procedure, to the Department of Labor or f~" ard party designated by tho Departmant of Labor for final and binding determination T* ~ ~ on and expanses of the unpartial third party, and any other jointly mcurred expenses, sh~'(~ ally by the parties to tho proceeding and all other expenses shall be paid by tho party recur' In th~ ~v,, ~ o as to whelber or not · particulm, employee w~ affected by the ProJect, it shall be his ebb,* ~ .~ the ProJect and speedy the pertment facts of the ProJect relied upon It shall then be the d~e Recipient or other party legally responsible for the application of these conditions to prove other than the project affected ~ employees The clamung employee shall prevail tf it is established ~o ProJect had an effect upon the employee even if other factors may also have affected tho employee (5) The Recipient or other legally rasponslblo party designated by the Public Body will be t~nn-enaly responsible for the apphcation of these conditions and will make the necessary arrangements so that any employee covered by these arrangements, or the umon representative of such employee, may file clann of violation of the~ arrangements with the Recipient within sixty (60) days of the date he is termmsted or laid off as a remllt of the ProJect, or within eighteen (18) months of the date his position with respect to his employment ts otherwise worsened as a result of the ProJect In the latter case, if the events giving rtee to the claim have occurred over an extended period, the 18-month lmutation shall be measured from the last such event No benefits shall bo payable for any period prior to SlX (6) months from the date of the filmg of any claun Attachment B (Pago 2 of 6) Nothing In tins arrangement shall be construed as depriving any employee of any ngins or benefits winch such einployee may beve under existing employment or collective bargaining agreements, nor shall tins arrs~ement be deemed a waiver of any rights of any umon or of any represented employee derived from any other agreement or provision of federal, state or local law (7) In the event any employee covered by these arrangements is terrmnated or la~d off as a result of tho project, he shall be granted priority of employment or reemployment to fill any vacant position within the control of the R~clplant for winch he is, or by training or ratr~mmg wltlun a reasonable period, can be quald~ed In the event training or retraining is required by such employment or reemployment, the Recipient or other legally responsible party designated by the Pubhc Body shall provide or provide for such training or retraining at no cost to the employee (8) The Recipient will post, In a prominent/md accessible place, a notice statw plant has received federal assistance under the Federal Transit Act and has eireed to comply w ~ns of Section 13(c) of the Act This notice shall also specxfy tho terms and conditions set f,' ~2 tho protection of employees Tho Recipient shall maintain and keep on file all relevant book.q .~ 2~'~ , sufficient detail as to provue tho basic reformation necessary to the proper application, aP .~,~m~./ ,md enforcement of these arrangeinents and to the proper determination of any claims ansm (9) Any labor organization which is tho collective b~' j~/~*/'~-~-,o*oentatlve of employees covered by these arrangeinants, may become a party to those arrangemor ~ ~nttan notice of its destro to do so upon tho Recipient and tho Department of Labor In the ew~-~-, oreement that such labor orgamzetion reprosants covered employees, or is otherwise ehgiblo to b ~ w these arrangements, as apphed to the Project, the dispute es to whether such orsanl~tlon sb~~ ~' ,mil be datermmed by the Secr~:.sry of Labor (10) In the event the Pro~ [~ .~ tot assistance under tho Act, the foregoing tanm and conditions shall be m~le p~ of the contr~.,~ ., between tho federal government and the Public Body or Recipient of fedoinl f~nd$, provided, h'- ~,~ ~'~ ~, mTangemant sh~ll not merge rote the contract of assistance, but shall be ,wle by and upon the p~tes thereto, ~1 by any covered employee or his mdependantl¥ b~mdm ~ ~ represantative, I ~ ,Ith Its tam, nor ~1~11 an), other employee protective agreement merge rote th~ arrsu~ement ' ~ . ~ mdepeedantly binding and enforceable by and upon the parties thereto, m accordance with its * C . As a part of the grant approval process, either tho Recipient or other legally responsible pa.,t'y designated by tho Pubhc Body may In wntmg seek froin the Secretary of Labor a waiver of the statutory requu'ed protections The Secretary will waive these protections I11 cases, where at tho time of tho requested wmver, the Secretary determines that there are no employees of the Recipmnt or of any other surface public transportation providers m the transportation service area who could bo potentially affected by the Project Attachment B (Page 3 of 6) A 30-day ncOco of proposed wmver will bo given by the Department of Labor and tn the absence of ttmely objection, the waiver wdl become final at the end of ~bo 30-day ncOce period In tho event of tunely objection, the Department of Labor will review the matter and determvtm whether a waiver shall be granted In the absence of waiver, these protections shall apply to the Project S~gnamre of Responsible Officml ATTEST Signature of Reciplont's Legal Counsel Attachment B (Page 4 of 6) OPINION OF COUNSEL LABOR PROTECTION PROVISIONS (formerly Sp~ial Section 13(c) Warranty) The CRy of Denton has agreed to bo tho legally and financially responsible pa~ for tho performance of tho terms and conditions of tbo Labor Protectxon Provisions, incorporated hereto by reference, for tho instant grant request Tbo Toxes ~ of Transportation has designated tho City of Denton as tho legally and financially respomiblo party for tho instant project Tins will sorve ns the requisito optmon of counsel that tho City of Denton is logally capable of assuming tho logal and financial re~ponsth~hties for performanco of tho terms nnd conditions of the V~rranty Tbo CRy of D~ntnq m nutbonzed under Sectmn 391 011~ of the Toxas Local Governmont Coil- ~gal and financml respons~illt~es for the performance of tho torms and conditions of tho Warranty ~' .~ct I havo law~, and I nm of tho optmon that tho- of DeePen assuming these responsibilities l~'urthormore, as a result of my ·v~ ,asi thoro ~s no pending litigation which rmght tn any way adversely affect tho City of D~' ~ssumo and discharge these respons~billties 0~ $18n~tllro of R~clplont'$ Logal Attachment B (Page 5 of 6) ATTACHMENT TO LABOR PROTECTION PROVISIONS (formerly Spot,al Sectton 13(c) Warranty) L~stmg of Roc~pients, Ehg~blo Surfaco Pubhc Transportation Prowdors and Labor Represontahon ! C~to Project by Namo, Description Apphcatlon for Public Transpot~atlon funds under URBANIZBD public transportation Formula Grant Prosram for (name of system) servtce tn (project area) (Descrtbe sea, ice demand responsive, fixed route, etc ) 2 klenttfy Recipients of Transportatton Assistance 3 Other Surfaco Pubhc Transportatton Provide- 4 Umon Ret,- ~ . ~ployee~, ff any Attachment B (Page 6 of 6) Debarment Certification (Negotiated Contracts) (1) The CONTRACTOR certifies to the best of its knowledge and behef, that it and its principals (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntardy excluded from covered transactions by any federal department or agency, (b) Have not w~thm a 0u'ec-year period preceding tlus proposal been convicted of or had a civil judgment rendered against them for conumsslun of frand or a criminal offense in connection with obtaining, attempting to obtain, or perforrmng a pubhc* trmxsacl~nn or contract under a public transaction, violation of federal or state antitrust statutes or conmusslon of embezzlement, theR, forge~, bribery, fslslficatlnn or destruction of records, malong false statements, or receiving stolen propet~y, © Are not presently indicted for or otherwise criminally or clv;lly charged by a governmental entity* with commission of any of the offenses enumerated tn paragraph (0(b) of this certification and (d) Have not wl0am a three-year period preceding this apphcation/proposal had one or more public transactions* ternunated for cause or default (2) Where lhe CONTRACTOR is unable to certify to any of the statements In this ce~dicatlun, such CONTRACTOR shall attach an explanation to tlus c,e~tficatlon *federal, state or local Tltla Dat~ Form 1734-A 4-89 Attachment C (Page I of 3) Lower Tier Participant Debarment Certification (Negottated Contracts) (For Subcommetor$ Contractors O~er $100,000) (insert name of certifyin8 official} , being duly aw,om or under penally of pequq, under the laws of the Umted States. certifies that neither nor its (insert name of lower t~ part tc~panl) pnnclpals are presently debm-ed, suspended, proposed for debarment. · declared znehg~ble. · or voluntarily excluded from participation m this transaction by any Federal department or agency Where the above zdentlfied lower tier participant is unable to cemfy to any of the above statements mttus certification, such proslaectlve pm~lcqannt shall mdtcale below to whom the exception applies, the mmatmg agency, and dates of action Exce~lons wdl not necessarily result m demal of award, but will be considered m determlmng contractor responsibility Providing false information amy result m cmnmal prosecution or edtmmstratlve sa.qctlons EXCEPTIONS. See Next Page for Information Form 1734 Rev 4-89 Attachment C (Page 2 of 3) Certification Information Thts certification is to be used by contractors pursuant to 49 CFR 29 when any of tho following occur · any transaction between the Contractor and a person (other than a procurement contract for goods and services), regardless of type, under a prunary covered transachon · any p~ocurement contract for goods or services when the estunated cost is $25,000 or more · any procuremeet contract for goeda or sm'vices between the Contractor and a person, regardless of the amount, under wbach the person wdl have a critical mfluanco on or substantive control over that covered transaction Such persons include inmcipal mvestlgetors and providers of federally required audit services A procurement transaction is the process of acqmrm8 goods and serv~cas A rumprocurement transactton is the grantm8 of lemancial assistance to enta~es to assist tho grantor m meeting objectivas that are mntually boneficml to the grantee and grantor A COPY OF THIS CERTIFICATION IS TO BE FURNISHED TO AUTHORIZED REPRESENTATIVES OF THE STATE OR THE U S DEPARTMENT OF TRANSPORTATION UPON REQUEST Attachment C (Page 3 of 3) SCHOLARSHIP GUIDELINES 1 BUDGET Each S~ct~on 5307 system w~ll be respens~ble for budgatmg md planning for urbamzed training funds E~ch system will provide a description of urbamzod training funds expenditures for the Contract year m the amount of $1,000 2 ELIGIBLE EXPENSES In addttwn to training activmes, other rannbursement opportumt~es include urbamzed modules, wdees, instructional materials such as notebooks and newsletters for mformat~on exchange Audw v~sual eqmpment may be purchased for use m presentatmns and mfonnatxonal exchange, standard purchasing procedures should be followed Federal tmval gualalm~ under the urbamzed program continue to be m effect unless wtqttan system pohclos are fled wtth the agency adrmmstermg tho program Other travel expenses shall be mcluded under Section 5307 techmeal assistance ~ ~mphes~s wdl be m expanding local training oppurmmt~os Gmdelmes to follow as outhned by the Department Training ~s defined as an actxwty to unprove employee performance through acluevement of specific, measurable, predetermined training obJect,yes · Non-lralning a~flvlllcs include meetings and conferences designed to d~ssemmate pohcy, procedures, or supervlsury gsudanoe, to provide mformat~on, or allow for exchange of mformatwn related to program functwns THESE ACTIVITIES ARE NOT ELIGIBLE FOR URBANIZED FUNDING Education assistance may provide for tu~twn, required fees, and books needed for approved courses at colleges and umverslt~es and any service or part of a state mst~tut~on of lughes educat~un Billing Procedures A wnOen descnp~wn of use and expenditures must accompany each bdlmg All standard Department bdlmg requirements under the Section 5307 program shall continue to be m effect Attachmen~ D Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements (For Contracts Exceeding $100,000) The undersigned certifies to the best of Ils or her knowledge and bebcf, that (1) No Federal appropriated funds have been paid or will bo paid by or on behalf of the undersigned, to any person for udluenclig or attempting to mfluance an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress m connectmn with the awardmg of any Federal contract, tim making of any Federal gnmt, the mahing of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewS, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement (2) If any funds other than Federal appropriated filnds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an ~,iiployee of a Member of Congress m connection with this federal contract, grant, loan, or cooparatwe agreement, the undersigned shell complete and subrmt Standard Form-LLL, *Disclosure Form to Report Lobbying,* m accordance with its instructions (3) The undersigned 8hall require that the language of this certification be Included m the award documents for all subawards at ail tiers (mclidmg subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that nil subreclptants shall certify and disclose accordingly This certhqCetlon is a nmternd representatmn of fact upon which reliance was placed when this transaction was nmdo or entered mtn Submission of this certification is it prerequisite for making or entering mtn this transaction imposed by Section 1352, 'title 31, U S Code Any parson who fads to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure ~'t~ Signa~r*~m Contractor s Anthonz Icla Name and Tdle of Contractor's Authorized Date ' TxDOT 4-90 Attachment INSTRUCTIONS FOK COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES DISCLOSURE OF LOBBYING ACTIVITIES ~by om Complete this form to disclose lobbying activities pursuant to 31 U S C 13~2 o~s~o4~ (See reverse for public burden disclosure ) I Typ~ ofF~r~l A~lon 2 Sk~al~ offal Ac~on 3 R~d T~e b m~ ~w~d ~ b mat~al ch~ge c ~tve a~t ~ ~ a~d For Ma~al Ch~ge ~y f 1~ 4 N~e ~d ~ of R~omn8 En~ 5 If R~oHm8 E~ m No 4 is 8ubaw~d~ En~ N~ ~d 6 F~I ~t ~ 7 Federal Pro~ N~pUon CFDA Num~ ~a~pb~oble 8 Fe~l ~*~ Num~ ~f~o~a 9 Aw~ ~unL $ 10 a N~d~of~b~gEn~ b ~d~aiP~gg~(mcludmg~fD~ (l~n~e fl~ MI) 11 ~ou~Pa~(ehavkallthatopply) 13 T~ofPa~t (cAe~kalithat~pply) ~ b onet~e fee 12 Fo~ of Pa~t (vheek all thor apply) ~ d contmg~t fee (~ ~tmu~t~ gh~s) 8F LL~ 15 C~tmu~ Shes) 8F LL~A ~ ~ Y~ ~ No